Terms of Service

Effective Date: March 12, 2026

These Terms of Service ("Terms") govern your use of the XCAPE Navigation mobile application, website, AI concierge, business portal, and related services (collectively, the "Service") operated by XCAPE Navigation ("XCAPE," "we," "us," or "our"), based in Anguilla, British West Indies.

By downloading, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

XCAPE is a tourism and navigation platform for Anguilla that provides:

• GPS navigation and voice-guided directions across Anguilla
• Discovery of beaches, restaurants, accommodations, entertainment, and local services
• Live event listings and schedules
• An AI-powered concierge for answering questions about Anguilla
• Community chat for visitors
• A business portal for local businesses to manage and promote their listings

The mobile app is free for tourists and visitors. Premium advertising features are available to business owners through paid plans.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent or guardian's consent to use the Service. By registering for a Business Portal account, you represent that you are at least 18 years old and have the authority to bind your business to these Terms.

3. Account Registration

Business owners must create an account to access the Business Portal. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized access
• Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

4. Location Services

XCAPE requires access to your device's location to provide navigation and location-based features. By enabling location services, you consent to the collection and use of your location data as described in our Privacy Policy. You may disable location services at any time through your device settings, though this will limit the Service's functionality.

5. AI Concierge

The AI concierge provides information and recommendations about Anguilla based on our database of local businesses, events, and knowledge. You acknowledge that:

• AI-generated responses are informational and may not always be accurate, complete, or up to date
• Business hours, prices, availability, and other details may change without notice
• The AI concierge does not provide professional advice (medical, legal, financial, or otherwise)
• You should verify critical information (e.g., operating hours, reservations) directly with the business
• Your conversations are processed by a third-party AI provider (Anthropic) as described in our Privacy Policy

6. Community Chat

Our community chat feature allows visitors to share information and photos. When using chat, you agree to:

• Not post content that is abusive, threatening, obscene, defamatory, or illegal
• Not spam, harass, or impersonate others
• Not share content that infringes on third-party intellectual property rights
• Not post misleading information about businesses or locations
• Only share photos you have the right to share

We reserve the right to moderate, remove, or flag content and to ban users who violate these guidelines. Chat messages are automatically deleted after 3 days.

7. Business Portal & Premium Listings

a. Listing Accuracy

Business owners are responsible for the accuracy of their listing information, including business name, description, photos, hours of operation, and contact details. Misleading or fraudulent listings may be removed without notice.

b. Premium Advertising

Premium listing slots are limited per category. By purchasing a premium listing, you agree that:

• Your listing will be featured for the specified period
• Pricing is based on category and availability at the time of purchase
• Listings are subject to review and approval by XCAPE
• Premium listings do not auto-renew — you choose when to renew
• We reserve the right to reject or remove listings that violate these Terms

c. Photos and Content

By uploading photos or content to the Service, you grant XCAPE a non-exclusive, worldwide, royalty-free license to display, distribute, and promote that content within the Service and related marketing materials. You represent that you own or have the necessary rights to the content you upload.

8. Payments and Refunds

Premium listing purchases are processed through our secure payment provider. All prices are displayed in US dollars. Payments are due at the time of purchase.

• Refunds may be issued at our discretion if a listing is not approved or if there is a technical issue preventing your listing from being displayed
• No refunds are provided for change of mind or if your business closes during the listing period
• Waitlist prepayments are refundable if you cancel before a slot becomes available

9. Intellectual Property

The Service, including its design, code, logos, graphics, and content (excluding user-submitted content), is owned by XCAPE Navigation and is protected by applicable intellectual property laws. You may not:

• Copy, modify, or distribute any part of the Service without our written consent
• Reverse-engineer, decompile, or disassemble the app
• Use the XCAPE name, logo, or branding without authorization
• Scrape, crawl, or automatically extract data from the Service

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. Specifically:

• Navigation: Routes, driving times, and directions are estimates. Road conditions, closures, and local regulations may affect actual travel. Always exercise caution while driving.
• Business Information: Listings are provided by business owners and third-party sources. We do not guarantee the accuracy, completeness, or reliability of any listing information.
• AI Concierge: Responses are generated by artificial intelligence and may contain errors. Do not rely on AI responses for safety-critical decisions.
• Availability: We do not guarantee uninterrupted or error-free operation of the Service.

11. Limitation of Liability

To the maximum extent permitted by law, XCAPE Navigation and its officers, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to:

• Reliance on navigation directions or driving time estimates
• Inaccurate business information or AI concierge recommendations
• Unauthorized access to your account or data
• Service interruptions or data loss
• Actions of other users in community chat

Our total liability for any claim related to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100 USD, whichever is greater.

12. Indemnification

You agree to indemnify and hold harmless XCAPE Navigation from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. You may stop using the Service at any time. Business owners may request account deletion by contacting us.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of Anguilla, British West Indies. Any disputes arising from these Terms or the Service shall be resolved in the courts of Anguilla.

15. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated effective date. Continued use of the Service after changes constitutes acceptance of the revised Terms. For material changes, we will make reasonable efforts to notify you (e.g., via push notification or email for business account holders).

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Contact Us

If you have questions about these Terms, please contact us: